JUDICIAL IMPACT
Do Supreme Court decisions actually have significant impact on society?
As mentioned by Alexis de Tocqueville (2002), the judge occupies a prominent place in the American society. According to him, the judicial power is a real power on equal terms with the Congress and the Presidency. It is a political institution that contributes under its oversight role of the constitutionality of laws, to determine the extent of the rights and freedoms to which Americans are entitled. So, do Supreme Court decisions truthfully have influence on society? Legal scholars say that courts have neither the “power of the purse nor of the sword.” Is it not likely precisely because the Court does not have those powers that his ultimate authority rests on trust of the society?
Supreme Court decisions have significant impact on society. In his 1997 article entitled “The Real World of Constitutional Rights”, Gerard Rosenberg suggests that Supreme Court policies “have a greater likelihood of …show more content…
Legitimacy, understood as the quality of power whose acceptance is based not on coercion but on the deemed free consent of the people therein submitted. It requires more emotion, beyond the institutional and functional aspects, which refers fundamentally to public recognition. In brief, the real sanction the legitimacy of constitutional justice is given or made by the public. The theory of "popular constitutionalism" highlights this need for social legitimacy which it bases on three premises: first, the Court's decisions must be "acceptable" for a majority of citizens. Second, even when the people disapprove of certain specific decisions, it has to support the judicial review. The third refers to the idea that if people really wanted to challenge the judicial review and decisions on the basis of this power, it should have some means of action . In this paper I will focus on the first two
Do Supreme Court decisions actually have significant impact on society?
As mentioned by Alexis de Tocqueville (2002), the judge occupies a prominent place in the American society. According to him, the judicial power is a real power on equal terms with the Congress and the Presidency. It is a political institution that contributes under its oversight role of the constitutionality of laws, to determine the extent of the rights and freedoms to which Americans are entitled. So, do Supreme Court decisions truthfully have influence on society? Legal scholars say that courts have neither the “power of the purse nor of the sword.” Is it not likely precisely because the Court does not have those powers that his ultimate authority rests on trust of the society?
Supreme Court decisions have significant impact on society. In his 1997 article entitled “The Real World of Constitutional Rights”, Gerard Rosenberg suggests that Supreme Court policies “have a greater likelihood of …show more content…
Legitimacy, understood as the quality of power whose acceptance is based not on coercion but on the deemed free consent of the people therein submitted. It requires more emotion, beyond the institutional and functional aspects, which refers fundamentally to public recognition. In brief, the real sanction the legitimacy of constitutional justice is given or made by the public. The theory of "popular constitutionalism" highlights this need for social legitimacy which it bases on three premises: first, the Court's decisions must be "acceptable" for a majority of citizens. Second, even when the people disapprove of certain specific decisions, it has to support the judicial review. The third refers to the idea that if people really wanted to challenge the judicial review and decisions on the basis of this power, it should have some means of action . In this paper I will focus on the first two